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How many days can we leave the uk with Spouse Visa?
Hi all
I gained my UK spouse visa 3 months ago, and we are now all finally settled here now in scotland I have a very unwell mother back in NZ I was wondering, how long can we stay out of the country for on the spouse visa, leave to remain? I cant find the conditions on my BRP card or BRP letter Many Thanks |
Re: How many days can we leave the uk with Spouse Visa?
As a rule of thumb, no longer than six months in any given twelve month period without affecting your path to ILR/citizenship.
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Re: How many days can we leave the uk with Spouse Visa?
Originally Posted by BritInParis
(Post 12159383)
As a rule of thumb, no longer than six months in any given twelve month period without affecting your path to ILR/citizenship.
You dont have a link to this on the govt website anywhere do you? Im really struggling to find it! |
Re: How many days can we leave the uk with Spouse Visa?
I was under the impression that it was no more than 90 days per year? It is a little tricky to find on the govt website however - all I have found states that to apply for citizenship you must have spent no longer than 450 days outside of the country in the past 5 years, no longer than 90 days in the past 12 months.
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Re: How many days can we leave the uk with Spouse Visa?
Originally Posted by Leigh04
(Post 12159403)
Ok great :) So thats 180 days per year.
You dont have a link to this on the govt website anywhere do you? Im really struggling to find it!
Originally Posted by shynes
(Post 12160371)
I was under the impression that it was no more than 90 days per year? It is a little tricky to find on the govt website however - all I have found states that to apply for citizenship you must have spent no longer than 450 days outside of the country in the past 5 years, no longer than 90 days in the past 12 months.
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Re: How many days can we leave the uk with Spouse Visa?
Please i need someone to enlighten me about which type of form i need to fill to extend the LTR for a child under 18. Leave will be expiring in April 2017
How much do u think the application cost do i need to pay NHS surcharge Can i change the the circumstances bcos i am a British, but they were given leave outside the immigration rule. What type of documents i need to present |
Re: How many days can we leave the uk with Spouse Visa?
Originally Posted by kesese
(Post 12163638)
Please i need someone to enlighten me about which type of form i need to fill to extend the LTR for a child under 18. Leave will be expiring in April 2017
How much do u think the application cost do i need to pay NHS surcharge Can i change the the circumstances bcos i am a British, but they were given leave outside the immigration rule. What type of documents i need to present |
Re: How many days can we leave the uk with Spouse Visa?
Hi Everyone,
I just had a quick question after reading the document on time allowed outside of the UK (thank you for sending that info through). Am I right in assuming then that my partner is not allowed outside the UK for more than 30 days at a time? His family live in Australia so would like to visit them for 6 weeks at a time. Apologies if this has already been answered just is hard to find the info online! Thank you for any advice! |
Re: How many days can we leave the uk with Spouse Visa?
Originally Posted by AmyOtter
(Post 12204887)
Hi Everyone,
I just had a quick question after reading the document on time allowed outside of the UK (thank you for sending that info through). Am I right in assuming then that my partner is not allowed outside the UK for more than 30 days at a time? His family live in Australia so would like to visit them for 6 weeks at a time. Apologies if this has already been answered just is hard to find the info online! Thank you for any advice! |
Re: How many days can we leave the uk with Spouse Visa?
Hi BritInParis, or anyone else who could help (sorry if this has already been covered)
In the process of applying for a spouse visa for my wife (from China), I was just wondering about the maximum amount of time she can be out of the UK each year on the spouse visa. She seems to think is 3 months, and has to stay in the UK for 9 months each year. I read the "Indefinite leave to remain: calculating continuous period in UK" document which has been linked but it didn't seem clear to me if this also was the talking about the family/spouse visa's or just for the UK Immigration Five Tier Visa Systems. Thanks in advance. Josh |
Re: How many days can we leave the uk with Spouse Visa?
Originally Posted by Joshua0405
(Post 12395502)
Hi BritInParis, or anyone else who could help (sorry if this has already been covered)
In the process of applying for a spouse visa for my wife (from China), I was just wondering about the maximum amount of time she can be out of the UK each year on the spouse visa. She seems to think is 3 months, and has to stay in the UK for 9 months each year. I read the "Indefinite leave to remain: calculating continuous period in UK" document which has been linked but it didn't seem clear to me if this also was the talking about the family/spouse visa's or just for the UK Immigration Five Tier Visa Systems. Thanks in advance. Josh |
Re: How many days can we leave the uk with Spouse Visa?
Originally Posted by Pollyana
(Post 12395540)
BiP has spelt it out in the posts above yours :)
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Re: How many days can we leave the uk with Spouse Visa?
Hello,
I have been granted Spouse Visa (SV) in May 2016. It is valid for 2,5 years (until October 2018). I will then have to apply for the additional 2,5 year extension before applying for ILR. During this 5 year period, I must not be absent from the UK for more than 450 days cumulatively. If I break the rule, this period will reset to zero and I will have to go through the whole process again. I have been reading the rules extensively and I my understanding is that: 1) I should not be absent from the UK for longer than 180 days cumulatively for the duration of my current SV; 2) I will have to apply for 2,5 year SV extension in October 2018; 3) I do not need to wait the whole 5 years to obtain my ILR as I can apply for citizenship after the first year of my extension. Can anyone confirm that this is correct? Many thanks! Best regards, Sash29 |
Re: How many days can we leave the uk with Spouse Visa?
Originally Posted by Sash29
(Post 12417302)
Hello,
I have been granted Spouse Visa (SV) in May 2016. It is valid for 2,5 years (until October 2018). I will then have to apply for the additional 2,5 year extension before applying for ILR. During this 5 year period, I must not be absent from the UK for more than 450 days cumulatively. If I break the rule, this period will reset to zero and I will have to go through the whole process again. I have been reading the rules extensively and I my understanding is that: 1) I should not be absent from the UK for longer than 180 days cumulatively for the duration of my current SV; 2) I will have to apply for 2,5 year SV extension in October 2018; 3) I do not need to wait the whole 5 years to obtain my ILR as I can apply for citizenship after the first year of my extension. Can anyone confirm that this is correct? Many thanks! Best regards, Sash29 2) Your current Leave to Remain as a Spouse/Civil Partner should be valid for 33 months. You should apply for Further Leave to Remain before your current LTR expires. 3) No, that's not correct. You will need a total of five years residence before becoming eligible for ILR in May 2021. Once you have obtained ILR then, providing you are married to a British citizen, you can then apply to naturalise as a British citizen without a further waiting period of 12 months. |
Re: How many days can we leave the uk with Spouse Visa?
Thank you Brit in Paris!
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Re: How many days can we leave the uk with Spouse Visa?
HI And Brit thanks for earlier clarifications . Much appreciated
Sorry to jump in this thread .. I just need to understand your bullet point 3) No, that's not correct. You will need a total of five years residence before becoming eligible for ILR in May 2021. Once you have obtained ILR then, providing you are married to a British citizen, you can then apply to naturalise as a British citizen without a further waiting period of 12 months. Do you mean if say one married to British citizen and completed 2.5+2.5 years = 5 years then there is no wait of one year? What I understood previously is that 2.5+2.5 years + 1 Year ILR = 6 years in total and then one can be eligible for UK Citizen Please correct me if I am wrong |
Re: How many days can we leave the uk with Spouse Visa?
Originally Posted by masterprince
(Post 12495207)
HI And Brit thanks for earlier clarifications . Much appreciated
Sorry to jump in this thread .. I just need to understand your bullet point 3) No, that's not correct. You will need a total of five years residence before becoming eligible for ILR in May 2021. Once you have obtained ILR then, providing you are married to a British citizen, you can then apply to naturalise as a British citizen without a further waiting period of 12 months. Do you mean if say one married to British citizen and completed 2.5+2.5 years = 5 years then there is no wait of one year? What I understood previously is that 2.5+2.5 years + 1 Year ILR = 6 years in total and then one can be eligible for UK Citizen Please correct me if I am wrong |
Re: How many days can we leave the uk with Spouse Visa?
Thanks a lot Brit ... Is there any reference for this point in Gov.uk site please just for my records
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Re: How many days can we leave the uk with Spouse Visa?
Originally Posted by masterprince
(Post 12495425)
Thanks a lot Brit ... Is there any reference for this point in Gov.uk site please just for my records
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Re: How many days can we leave the uk with Spouse Visa?
Thanks again Brit .. I might have missed it but I couldn't find in the GOV.UK site written 2.5years+2.5years and then ILR with no waiting of 1 year after ILR to gain citizenship .
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Re: How many days can we leave the uk with Spouse Visa?
Originally Posted by masterprince
(Post 12495654)
Thanks again Brit .. I might have missed it but I couldn't find in the GOV.UK site written 2.5years+2.5years and then ILR with no waiting of 1 year after ILR to gain citizenship .
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Re: How many days can we leave the uk with Spouse Visa?
Originally Posted by masterprince
(Post 12495654)
Thanks again Brit .. I might have missed it but I couldn't find in the GOV.UK site written 2.5years+2.5years and then ILR with no waiting of 1 year after ILR to gain citizenship .
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Re: How many days can we leave the uk with Spouse Visa?
Originally Posted by BritInParis
(Post 12495682)
Read it again. A spouse of a British citizen only needs three years residence and no time limit on their stay. Since ILR on a spouse visa now takes five years the spouse will be eligible as soon as he or she is granted ILR. thank you for the information shared. I have had a look at the document shared by you about calculating continuous period for ILR, but it does not seem to cover spouse visa, please see page 4 “categories covered by this guidance “. Looking forward to your answer. thanks from Susan |
Re: How many days can we leave the uk with Spouse Visa?
Originally Posted by Sueyiwei
(Post 12509743)
Hi BiP, thank you for the information shared. I have had a look at the document shared by you about calculating continuous period for ILR, but it does not seem to cover spouse visa, please see page 4 “categories covered by this guidance “. Looking forward to your answer. thanks from Susan |
Re: How many days can we leave the uk with Spouse Visa?
Originally Posted by Sueyiwei
(Post 12509743)
Hi BiP, thank you for the information shared. I have had a look at the document shared by you about calculating continuous period for ILR, but it does not seem to cover spouse visa, please see page 4 “categories covered by this guidance “. Looking forward to your answer. thanks from Susan |
Re: How many days can we leave the uk with Spouse Visa?
Originally Posted by BritInParis
(Post 12509835)
You are correct; that guidance is for not for those on spouse visas as technically there is no limit on your absences. Spending more than half your time outside the UK however could call into question whether you are a genuine resident of the UK. Also spending more than 450 days in the previous five years and 90 days in the last year outside the UK would affect your ability to apply for British citizenship.
Thank you very much for your reply. All my friends told me it is 3months, but I think I am gonna try it :) Cheers Susan |
Re: How many days can we leave the uk with Spouse Visa?
I know it's been more than year since your response on this topic. Can you please advise if the information you gave then, is still relevant today (July 2018). Thanks.
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Re: How many days can we leave the uk with Spouse Visa?
Originally Posted by The Bell
(Post 12541782)
I know it's been more than year since your response on this topic. Can you please advise if the information you gave then, is still relevant today (July 2018). Thanks.
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Re: How many days can we leave the uk with Spouse Visa?
Yes I was referring to you, and thanks very much for your usual speedy response and useful information. I used your advise on previous occasions when my wife was applying for her spouse visa, and the advise proved invaluable. Thanks again.
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Re: How many days can we leave the uk with Spouse Visa?
Originally Posted by The Bell
(Post 12541810)
Yes I was referring to you, and thanks very much for your usual speedy response and useful information. I used your advise on previous occasions when my wife was applying for her spouse visa, and the advise proved invaluable. Thanks again.
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Re: How many days can we leave the uk with Spouse Visa?
Hi,
I am really confused. I would really appreciate if you someone can help me on this. I am on Spouse Visa(5 year visa route), and it will be 5 years in October however, last year I was outside the country for 91 days. Can I still apply for my ILR in September or do I have to cover those 91 days before applying for ILR? |
Re: How many days can we leave the uk with Spouse Visa?
Originally Posted by Banti
(Post 12542182)
Hi,
I am really confused. I would really appreciate if you someone can help me on this. I am on Spouse Visa(5 year visa route), and it will be 5 years in October however, last year I was outside the country for 91 days. Can I still apply for my ILR in September or do I have to cover those 91 days before applying for ILR? |
Re: How many days can we leave the uk with Spouse Visa?
Sorry to bother you again. Thank you for your prompt response. As I was outside UK for 91 days in last 12 months, does this mean my application for the ILR will be rejected?
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Re: How many days can we leave the uk with Spouse Visa?
Originally Posted by Banti
(Post 12542213)
Sorry to bother you again. Thank you for your prompt response. As I was outside UK for 91 days in last 12 months, does this mean my application for the ILR will be rejected?
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Re: How many days can we leave the uk with Spouse Visa?
Hi, my husband is currently on his 2.5 year visa and we are applying to extend this later on this month. His job requires him to work outside of the country for long periods of time on a rotation which is currently 6weeks on/3 weeks off. This obviously means he is out of the country for a significant period of time every year (two thirds currently). For all intents and purposes he lives in the uk, his only home is here, myself and our son are here and he comes back every break to be with us. What will this mean when it comes to the end of this second 2.5 year visa? Is there a limit to how many times we can apply to extend? Will he ever be able to get ILR? Any help would be greatly appreciated. Thanks in advance! |
Re: How many days can we leave the uk with Spouse Visa?
'
Originally Posted by Kstone
(Post 12543214)
Hi, my husband is currently on his 2.5 year visa and we are applying to extend this later on this month. His job requires him to work outside of the country for long periods of time on a rotation which is currently 6weeks on/3 weeks off. This obviously means he is out of the country for a significant period of time every year (two thirds currently). For all intents and purposes he lives in the uk, his only home is here, myself and our son are here and he comes back every break to be with us. What will this mean when it comes to the end of this second 2.5 year visa? Is there a limit to how many times we can apply to extend? Will he ever be able to get ILR? Any help would be greatly appreciated. Thanks in advance! |
Re: How many days can we leave the uk with Spouse Visa?
Originally Posted by BritInParis
(Post 12543222)
'
There's no fixed limit the amount of time you need to spend in the UK on a spouse visa in order to be granted ILR. He would need to be considered 'ordinarily resident' however. What does he do for a living? Ah, I see. It’s difficult to figure out as none of the information regarding this and spouse visas seems very explicit/easily accessible on the website. He work in the mining industry (heavy plant mechanic on machinery in a gold mine in Tanzania currently). The mining industry operate much like the oil and gas industry with shift rotations. Is there a set of criteria to prove you are “ordinarily resident”? |
Re: How many days can we leave the uk with Spouse Visa?
There is but I'm just about to go on holiday so I'll come back with the answer on my return if no-one has provided it in the meantime.
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Re: How many days can we leave the uk with Spouse Visa?
Here's the relevant guidance:
https://assets.publishing.service.go...rou....doc.pdf In applications for further limited leave to remain or for indefinite leave to remain in the UK as a partner, where there have been limited periods of time spent outside the UK, this must be for good reasons and the reasons must be consistent with the intention to live together permanently in the UK. Good reasons could include time spent overseas in connection with the applicant’s or their partner’s employment, holidays, training or study. If the applicant, their partner or both have spent the majority of the period overseas, there may be reason to doubt that the couple intend to live together permanently in the UK. Each case must be judged on its merits, taking into account reasons for travel, length of absence and whether the applicant and partner travelled and lived together during the time spent outside the UK. These factors will need to be considered against the requirements of the Rules. |
Re: How many days can we leave the uk with Spouse Visa?
Thank you so much! Most helpful. |
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